LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6434 NOTE PREPARED: Dec 13, 2023
BILL NUMBER: HB 1335 BILL AMENDED:
SUBJECT: Indiana Vaccination Adverse Event Reporting System.
FIRST AUTHOR: Rep. Borders BILL STATUS: As Introduced
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State & Local
XDEDICATED
XFEDERAL
Summary of Legislation: The bill requires the Indiana Department of Health (IDOH) to establish an Indiana
Vaccination Adverse Event Reporting System (IVAERS) for reporting the occurrence of adverse events
relating to childhood vaccines. It provides that IVAERS must enable a health care provider to report the
occurrence of an adverse event experienced by a child residing in Indiana who is under the care of the health
care provider.
The bill requires the IDOH to create a searchable Internet data base for publishing information reported
through IVAERS. It provides that the health information of a particular individual is confidential. It specifies
to whom and the requirements for releasing health information of a particular individual. The bill provides
that a person who knowingly, intentionally, or recklessly discloses confidential information received through
IVAERS in violation of the statute commits a Class A misdemeanor. It authorizes the IDOH to adopt rules
concerning IVAERS. It makes an appropriation.
Effective Date: July 1, 2024.
Explanation of State Expenditures: Immunization Registry - The IDOH currently maintains the Child and
Hoosier Immunization Registry Program (CHIRP), a web-based application designed to permanently store
a person’s electronic immunization records. Health care providers use the registry to review immunization
records for their patients, record newly administered immunizations, and document adverse events associated
with an immunization. This existing platform would likely meet the specifications of the IVAERS described
in the bill and the IDOH is not expected to require additional expenditures to implement the bill. However,
the bill requires an annual General Fund appropriation to be made in an amount sufficient to maintain the
IVAERS. The actual amount appropriated will depend on actions made by the General Assembly.
HB 1335 1 Practitioner Discipline - The IDOH and the Professional Licensing Agency (PLA) could potentially
experience a minor increase in workload to investigate violations of the bill’s reporting requirements by
practitioners and take disciplinary action if appropriate. These functions are expected to be completed within
existing staffing and resource levels.
Explanation of State Revenues: Summary - If violations of the bill’s reporting requirements are committed
by health care providers, the PLA could potentially take disciplinary actions that would impact state General
Fund revenue. Additionally, the bill imposes a Class A misdemeanor for individuals who intentionally or
recklessly disclose confidential information received through the IVAERS platform, which could result in
additional revenue from court fees and fines. Any additional revenue collected as a result of the bill is
expected to be small.
Additional Information:
Practitioner Discipline: If the violator has a license denied or revoked, state General Fund revenue from
license fees would decrease. Biennial license fees for health care providers that administer immunizations
range between $50 and $200. The PLA may also impose a fine of up to $1,000, which would be deposited
in the state General Fund.
Penalty Provision: If additional court cases occur and fines are collected, revenue to both the Common
School Fund (from fines) and the state General Fund (from court fees) would increase. The maximum fine
for a Class A misdemeanor is $5,000. The total fee revenue per case would range between $113 and $135.
The amount of court fees deposited will vary depending on whether the case is filed in a court of record or
a municipal court. The following linked document describes the fees and distribution of the revenue: Court
fees imposed in criminal, juvenile, and civil violation cases.
Explanation of Local Expenditures: Penalty Provision - A Class A misdemeanor is punishable by up to
one year in jail.
Explanation of Local Revenues: Penalty Provision - Any additional revenue collected as a result of the bill
is expected to be small. If additional court actions occur and a guilty verdict is entered, more revenue will
be collected by certain local units. If the case is filed in a court of record, the county general fund will receive
$47.40 and qualifying municipalities will receive a share of $3.60. If the case is filed in a municipal court,
the county receives $30, and the municipality will receive $46. The following linked document describes the
fees and distribution of the revenue: Court fees imposed in criminal, juvenile, and civil violation cases.
State Agencies Affected: Indiana Department of Health; Professional Licensing Agency.
Local Agencies Affected: Trial courts, local law enforcement agencies.
Information Sources: Indiana Supreme Court, Indiana Trial Court Fee Manual;
https://www.in.gov/health/immunization/children-and-hoosiers-immunization-registry-program-chirp/abo
ut-chirp/.
Fiscal Analyst: Jasmine Noel, 317-234-1360.
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